GO DIRECTLY to the following:

  1. TOMBSTONE vs BEATTY Lawsuit This is the latest move by the City of Tombstone on the Little Man.
    With the Water Rights Portion of the Lawsuit dismissed 07Nov12, SV Herald.

  2. TOMBSTONE vs USDA/USFS Lawsuit A 26Dec12 AZ Daily Star article states that
    Tombstone loses appeal to repair the Mountain Water System without going thru the USFS
    See the official ruling at Justia US Law by downloading a PDF file.



  5. FLOODS DPS Photos and Leonard Taylor's comparisons Photos for the Monument Fire/Floods

  6. AFFECTS ON WILDLIFE etc Bob Herrmann's before and aft Photos of Tombstone's HEAVY
    EQUIPMENT Work in the Miller Peak Wilderness Area.






  12. 1000 SHOVEL EVENT

  13. Flake's HR 5791 Bill: The Emergency Water Supply Restoration Act


I would like to start off with something positive about the Monument Fire, a photo.

Taken Sept 2011 by Tom Jr. It shows how the high elevations along the Eastside Trail of Carr Peak
(at least) did alright by the Monument Fire. Carr Canyon Road has been closed since the Fire, so it was
a long hike by JR. Looking SE one can see San Jose Peak in Mexico and Miller Peak to the Right. Note
the ratio of green vs standing dead trees that make this area ripe for another fire.


Tombstone News: 01Feb13 article Council Proposes Water Fee Increase for Residential and Commercial
shows how bad the water problems are a drain on the City's Finances.

Tombstone News: Tombstone Dec 2012 Council Meeting, Item H: Termination of the temporary forces assigned to the repairs. deferred until Jan 2013 Council Meeting.

This 8JUN12 SV Herald our opinion article gives a solution to Tombstone Water Problems.

The City of Tombstone State Rights Administration does not care about solutions. Read the City
Manager's Spin Letter to the Tombstone News Editor to see why this is so. His "throwing the city into yet
another water emergency" therein really shows their States Rights way of thinking, instead of a solution.

Good Green PR for Tombstone if they would just DRILL A WELL outside the city, use solar power and let
the Wildlife have the Huachuca Water. Maybe the coming election will make this kind of change! Until then
Tombstone will go further in the red than the present half million: with more lawyer fees, temp pipeline repairs
and related costs. Replacing the Leaking Reservoir with a modern Water Tank/Tower would be great too.

This link and video shows our problems with Tombstone.

The Save Miller Canyon Campaign is now on Facebook, click on:
http://www.facebook.com/pages/Save-Miller-Canyon/172025966257483 and leave a comment etc.

Finally a 29Apr12 SV Herald Editorial Article Our View: Tombstone needs to act now. Welcome Aboard.

FILL OUT an US Corps of Engineers UNAUTHORIZED WORK FORM if you feel that it was wrong that
TOMBSTONE went into the Miller Peak Wilderness Area unauthorized.


Well written SV Herald 30Dec12 Editorial Article Our View:  Will Tombstone raise the stakes?

Read the 28Dec12 SV Herald article for comments from Officials after hearing the appeal FAILED

Because of these comments and Tombstone News: Tombstone 11Dec12 Council Meeting, Item H: Termination of the temporary forces assigned to the repairs. deferred until Jan 2013 Council Meeting. The Jan Council Meeting should be interesting.

A 26Dec12 AZ Daily Star article states that
Tombstone loses appeal to repair the Mountain Water System without going thru the USFS
See the official ruling at Justia US Law by downloading a PDF file.

04Dec12: 9th Circuit Court hearing on Tombstone VS USDA/USFS oral argument why lower court dismissed the Lawsuit.

The Pending Lawsuit Tombstone vs Beatty is the latest move by the City of Tombstone
on the Little Man.

Mayor's Cool clear water comments

Supreme Court again refuses Tombstone's plea

02Jun12 SV Herald U.S. high court denies Tombstone water relief

The 08Apr12 SV Herald article Tombstone lawsuit focuses on state rights is based on the following:
Goldwater Institute: Tombstone VS United States and the following 4 links therein:
Motion for Preliminary Injunction (3/30/12)
Memo in Support of Motion for Preliminary Injunction (3/30/12)
Separate Statement of Facts in Support of Motion for Preliminary Injunction (3/30/12)
Amended Complaint for Declaratory and Injunctive Relief (3/30/12).

Also the Goldwater Institute: Tombstone VS United States link is updated with press releases
and how the institute is coming along with the Lawsuit. So visit it now and then.

We are mentioned in #4, Amended Complaint ---- item 9.

The above SV Herald article was first a "Premium Member Lock Article" but now is unlocked.

This is too important to be a Premium Member Article. It needs to go more public. Because it shows that
if Tombstone wins, one can kiss the Miller Peak Wilderness Area goodbye. Lots more bad things are in
the updated Amended Complaint for Declaratory and Injunctive Relief (3/30/12)

The article states that the USDA/USFS has until 30 May to reply.

16May Federal Judge to Tombstone: No H20 for You! states that the Lawsuit is on hold until 15Jun. At which time
a scheduling order will be made to determine if a trial would happen.

26Dec11 SV Herald: USFS Authorizes Tombstone can work in Miller Peak Wilderness Area to Second Crossing
with the Miller Canyon Trail closed until 15 March 2012.

The following Points to the USFS's NEPA Gardner Springs Page and some NEPA info, while the
next Points to a USFS's NEPA Miller Spring Decision only since NO required NEPA was done.

Both show that the USFS tried to give the City of Tombstone what they wanted without going to the
Public etc. I find the local Biologist's statements on no threats to Spotted Owls/Frogs hard to swallow,
because this Water Grab by Tombstone will dry up the Miller Creek in Many Places.

You will find these 2 links very interesting and I'm sure you will not agree with some info. There is
even a link to comment etc.

Here is one comment that hit the nail on the head, I could not have said it better.

Tom...thanks for sharing the NEPA links on what happening in the Huachucas. Reading them almost made me feel physically sick...all this was done after the fact accommodating and everything that was done by COT. They tried to cover what they were suppose to do by stating that it was all alright and nothing was adversely affected! These  documents are a travesty and a insult to anyone familiar with the Wilderness Act and the ESA. (Even if you were unaware of them simple common sense would suffice) I am hoping that Dr. Silver will challenge this complete abrogation of USFS responsibility.   As far as I'm concerned nothing less then the resignation of Upchurch and his Wildlife Biologist would be a start  and my further efforts will be directed that way. Please share this e-mail with as many people as you wish. Bob Moses

Bob: Early in 2012 the Wildlife Biologist took a BLM job in the NW.

The following 3 articles are related to the COT vs USFS Lawsuit filed 28Dec 2011  so Tombstone
can do anything they want. They have applied for an USDA Rural Development Loan/Grant to get
$ if the Lawsuit goes their way. Because an Environmental Assessment is needed the Center for
because a public notice of the environmental assessment will be published in a local newspaper.

  1. See how the USFS Signed Authorization for Gardner Spring and Required Specs limits Tombstone.

  2. Click on City of Tombstone Sues the USFS for access to the Huachuca Mountain Water for the full
    Howard Fischer "Capitol Media Services" article published in the SV Herald. The reporter works
    out of Phoenix and covers the legislature and generally state political issues. I Hope this awakes
    the Locals, Fort 50, City of Sierra Vista to the Water Grab and shows the COT Citizens their Mayor
    is wasting $ on a 130 year old system that Leaks and is presently Plugged here in Miller Canyon.

  3. A rewritten/shorter Tucson Star edited version.


The City of Tombstone lawyer Letter threatening a LAWSUIT if we don't sign the QUIT CLAIM DEED.
Tomblinson 1919 Patented Land Deed and the $5 CHECK we get if we sign the QUIT CLAIM. Duh.
We did not sign, hence the Lawsuit.

See 07Nov12 SV Herald article Water Rights Portion of the Lawsuit dismissed As I understand
it, because there was no appeal in the required time, the ruling stands.

Since Tombstone's Lawyer did not bothered to answer our Statement of Defendats/Counterclaim by the
required date our lawyer submitted an "entry of default" and "an application for a default judgment" on this.

Finally on 03/04Jan13 in (A Case of "Better Late than Never") response, Tombstone's Lawyer filed:

  1. Answer to Counterclaim,

  2. Motion to Dismissed Counterclaim,

  3. Notice of Appeal of Water Rights Judgment Also contains the Judgment and Judge's defer of Judgment.

  4. Motion to Set Aside Entry of Default and Judgment Also contains his personal problems for filing late.

  5. Objection to the Demand for Judgment

  6. Tombstone's Disclosure Statement filed 14Jan13 shows their witnesses if and when a trial etc.

  7. Reply Motion to Set Aside Default filed 17Jan13.

  8. Response to Motion to Strike filed 24Jan13.

  9. Amended Motion to Dismiss Counterclaim filed 24Jan13, see item 3 above.

In answer to the above filings our Lawyer filed on 04Feb13 Beatty Resp to Motion to Dismiss and Strike

The New Year brings 2 new Judges to our case. Old one retired and her replacement had a conflict of
Interest. Hence another Judge was appointed to handle the above items.

Flake's HR 5791 Bill: The Emergency Water Supply Restoration Act:

Now has 4 Cosponsors:

Rep. Trent Franks [R-AZ2] (joined Jun 05, 2012)
Rep. Paul Gosar [R-AZ1] (joined Jun 05, 2012)
Rep. Tom McClintock [R-CA4] (joined Jun 05, 2012)
Rep. David Schweikert [R-AZ5] (joined Jun 05, 2012)

The Tombstone News 18May12 article Judge Denies Injunction is very well written and brings you up
to date. It has a comment by US Rep. Jeff Flake, who on 17May12 introduced H.R. 5791: The Emergency
Water Supply Restoration Act
. Which would give States, Power over Federal Agencies. The bill most
likely was written with GOLDWATER INSTITUTE input.

During Flake's successful run for the US Senate, one of his TV ads stated he founded the Goldwater Institute.
He was posted on the Institute's Website before the election, but now that reference is gone. This make sense
why he was in Miller Canyon for the Tombstone's 1000 Shovel Event

Flake seeks legislation on water for Tombstone

I received an email from Amelia.Jenkins@mail.house.gov, Senior Policy Advisor, Democratic Staff,
Committee on Natural Resources, who wanted my comments and JR's comments on HR 5791.

29 May12 SV Herald Our Opinion: Politics at play in Flake’s move


Ted Mouras' Commentary: David versus Goliath? Maybe not shows how bad the leaks are.

Here is an 8JUN12 SV Herald our opinion article that is worth reading.

During the so called Emergency (also declared by our Governor at the urging of State Senator Griffen
and Representative Gowan) they found out that the Reservoir had been leaking over 300,000 gallons/day
or almost an acre foot (325,851 gallons) of water for some time. Now I know why the Mayor was stating
a $10,000/month cost of pumping water instead of the $5000/month that I had heard in the past.

I have been told that the amount of pipeline water is now around 2/3 of an acre foot per day. If this
is correct? Then fixing the reservoir would have been a better choice for a City only Emergency.

On checking for the leaks they also found that the reservoir roof was ready to collapses, just one more
reason for a Recall.

Read about this and more from the 12 Jan 2012 Tombstone Council Minutes.

The following Shows that 40% of City Of Tombstone's water is leaking from their Water System.
This well written article also contains some other info like the Visit by Azwifa's Dean Moulis.
The article also states there are 6 leaks per year in the Huachuca pipeline and a permanent leak at
SR92 and Carr. There has been a grove of cottonwoods there for years.

NOTE: The water lost is about the same as they get from the Huachucas.

Remember this link is based on data over 10 years old, so I'm sure the leak rate is now somewhat
higher for the 130 year old pipeline.

Using the above leak information and the
"ADWR 2003 report on Tombstone Water System that states they have enough water one can
easily see that they don't need any Water from the Huachucas.

All this confirms what I have said "That the COT should have declared a Fix Leak Emergency before
the Monument Fire" instead of after, as declared by the Mayor and seconded by the Governor's Grant.

Click KOLD story on Tombstone Water Worries to see a one sided view.

For years instead of fixing leaks, they just put more water in the pipeline. Great headline for a Newspaper.

Bisbee Daily Review 13Sep1907:Tombstone Will Lose Water Presssure article shows History repeats.
Great example of Déjà Vu.
Note therein:
1. Huachuca Water Co. (HWC) Issues order that will take Fire Protection from Tombstone, Insurance Rates go up.
2. Pipeline is leaking, cost too high to fix.
3. Lawsuit Tombstone vs HWC, appealed all the way to US Supreme Court.
4. Tombstone  Reservoir leaking.
5. Give water to Bisbee.


The Tombstone Huachuca Water Grab started with the election of a new Mayor in 2010. During
Mar-Apr 2011 COT water personnel were talking about TAKING more water because none was
reaching Tombstone due to leaks, Also an April visit by Azwifa's Dean Moulis confirms this.

The Mayor did not mention the above when issuing his emergency order. Instead he gives the
floods as the reason. So the Governor issued her emergency order based on a half truth and the
spin goes on that the Floods are the reason for all of Tombstone's Huachuca water troubles.

Here is another Mayor reflects on future and one more USFS stalls COT repairs. http://www.courthousenews.com/aboutus.html

A positive: There is a Recall Election for the Tombstone Mayor on 13 March. The person running
against him is for drilling a new well and giving up Huachuca Water.

The last statement as of 30Mar12 is not true, visit NPR article New Mayor not giving up Huachuca Water and Lawsuit is still on. Tombstone Greed is once again live and well.

voters with the New Mayor winning by a 11% Margin. The same percentage as the Recalled Mayor did in
2010. The change of voters was really 22%, not bad for a turnout that had 100 less voters.


Tombstone News 15Mar13 article: Jack-Wright-appointed-public-works-director-for-the-city-of-tombstone
gives the city a solid foundation and lots of VALID Tombstone Huachuca Pipeline Problem History.

Is Tombstone's Archivist Nancy Sosa, as a City Employee, IN or OUT? You decide by reading Tombstone
News March 2013 article Mayor-invokes-right-not-to-sign-foundation-contract

Tombstone News: 25Jan13 Special Council Meeting article contains the lay off of the temporary NWSP
employees, effective immediately.

The Epitaph 1882: Huachuca Water Co. Article is a flowering account of the just completed Project.
It contains some useful facts, but written in the style of making the project look great. Like "This is a
solid structure, able to laugh storms to scorn..." Which lasted to, I believe, 1905.

Tombstone News: Tombstone Dec 2012 Council Meeting, Item H: Termination of the temporary forces assigned to the repairs. deferred until Jan 2013 Council Meeting.

19Aug11 SVHerald: Governor grants Tombstone emergency funds.

This Link Contains several Tombstone Water System articles, one you may find interesting is
the one on Right-of Ways, but you need to scroll for it and others.

http://theepitaph.com/index.php has a couple of articles on Tombstone Water Problems:
Such as Vandalism and "Someone is also trying to prevent crews from accessing the work sites"? I believe
that someone is Us. All blown up of course. Tombstone can walk around our property like everyone else.

The following 4 related items are just part of Tombstone's Grab for more Huachuca Water. Enjoy.

  1. A Gannett Fleming $36,580 Preliminary Engineering Report and Environmental Statement
    for an USDA Emergency Grant application. The report is very biased, full of half truths
    and no true Environment stuff; but Tombstone is using it as their working document.

    The Marshall data is a laugh, there is nothing there but our little pipeline. Their McCoy Springs
    are really Miller Springs. I like the part about a road up Marshall Canyon.

  2. The following COT Council DISCUSSION is about funding the Gannett Fleming Study/USDA Grant .
    See Item F.

    The good news is that the COT did not get the Emergency Grant. However on 23Dec11 the COT
    took personnel from the same Grant/Loan Agency into the MPWA. For more information visit: http://www.rurdev.usda.gov/UWEP_HomePage.html

  3. Last but not least is the Approval to hire Kevin Rudd as a Temporary Full Time Project Manager.

    First time I met him, he was looking for McCoy Springs, and I told him about our McCoy Pond and
    he started right off saying "that we were Stealing/Tapping into Tombstone Water". Likewise for
    Marshall Springs.

    I asked him if he looked inside our Marshall Springs System and he said NO. I stated the COT
    Lawyer sent us Photos of his activities, then of course he recanted.

  4. USFS Authorizes Tombstone can work in Miller Peak Wilderness Area to Second Crossing
    with the Miller Canyon Trail closed until 15 March 2012.

26Dec11 SVHerald: USFS Authorizes Tombstone can work in Miller Peak Wilderness Area to Second Crossing
with the Miller Canyon Trail closed until 15 March 2012.

How the Tombstone Mayor met the Huachuca Mountain Water System Engineer Gets one Thinking!

This article also states that Carr Canyon Water has been in the Pipeline since mid Summer, but then
see the COT Mayor's remarks in item 2 above stating no water. Can one assume it is lost to leaks.

The 03 November 2011 AZ Daily Star (Tucson) newspaper article
Tombstone pushes for quick action to restore water source is well written. I like the "stinkin' permits"
of the first Paragraph.


By reading Page 1 of the USFS 07Nov2011 Authorization for Miller Spring work by COT and Page 2
one can see this is NOT a RESTORE project, but a HUGE REDESIGN built around a new Catch Basin
that is within an 8 foot High, 20 foot Wide, 240 foot Long Embankment. This is what you get when you
don't have full time monitoring and a design plan.

Being Tombstone they went ahead and worked in the Miller Peak Wilderness Area (MPWA) without
an US Corps of Engineers 404 Permit and before the above Authorization.

To report this unauthorized activity fill out the http://www.spl.usace.army.mil/regulatory/ form.
The form is just below the top banner in the middle of the webpage as "Unauthorized Activity".

The following are our filled out forms for Miller Springs and Beatty's Guest Ranch Properties.

If one does this, the Feds may NOT look the other way like the USFS did for the City of Tombstone
(COT) work in Miller Canyon. Please fill out one for the MPWA Miller Springs "Unauthorized Activity"
work and another for the Beatty's Guest Ranch property broken pipeline project.

The Corps file number for both projects is SPL-2011-1047-RJD. Anyone in the Corps can find the
file if you give them this number. Administrative Penalties for 404 permit


The Tombstone Epitaph, 06Dec12 article With the election over, Council weighs water woes gives
a one sided view, but is worth reading for that.

27Aug12: SV Herald City Clerk resigned after primary election.


29Mar13: March 2013 Public Hearing & Special Council Meeting The first item on the agenda
was a PROPOSED MONTHLY WATER USER FEE. Go to the above link to see the reasons: such as
emergency repairs to the Huachuca Mountain Springs and future repairs to the springs and aqueduct.

What is needed here is an investigating Reporter to look into the emergency/future repair costs etc.

Mar 2013: Is Tombstone's Archivist Nancy Sosa, as a City Employee, IN or OUT? You decide by reading

25Jan13: Special Council Meeting Has 2 Motions:
1. Lay off the temporary employees designated for the springs repair effective immediately. Item passed unanimously.
2. Two days a month furlough for all employees other than the Marshals Office which will take a 10% salary decrease
effective immediately to end on June 30th 2013. Item passed unanimously.

Much discussion on Status of Archives, Looks like a Non Profit 501(c)(3) Foundation will be formed around Nancy Sosa.
If so, the Archivist would no longer be a True City Employee, but that of the Non Profit. City Lawyer is really pushing this.

08Jan13: January-city-council-meeting where the first item on the agenda is an EXECUTIVE SESSION
with the City Lawyer/Goldwater Institute to discuss pending Lawsuits legal issues. Followed by the
state-of-the-city-address-by-mayor-schmidt where he talks about the Lawsuits; and the $500,000
Grant (no matching funds), $600,000 Grant (25% matching funds) and the rest at a 1% Loan. By the rest,
one needs to get the Engineering Report for upgrading the pipeline and therefore see the millions more.

He also talks that maybe Tombstone is finally getting some negative PR because of the Lawsuits, and
it affects on business.

I would think maybe all the recent shootings have more of an affect, parents don't want their Kids
watching reenactments. For example: A Tombstone News, Letter to the Editor, written by a mother that
start with "I am writing to express by displeasure over an old west street show...." shows how this is so.

He talks about the Catch 22, of suing the Federal Government and then get Federal Funds to work on
BLM land etc. Yes, they plan to replace the pipeline at the San Pedro River. Think about all the hoops that
the State had to go thru with BLM for the Bridge work on SR90. It would be much cheaper and better for all

Think about the pipeline replacement going thru hundreds of people property and how they would react etc.

28Dec12: federal-appeals-court-rejects-tombstones-appeal Shows legal costs of almost
$170,000 for outside law firms and $408,000 due to the water infrastructure issues.
Looking back at their top stories of 2012 Two paragraphs on former Mayor's Son, Justin
Henderson's Fed Court problems. Justin was the main operator of the Heavy Equipment
on our property and in the Wilderness area.

Also a statement on Ex-Mayor's city credit gas card being used after his recalled.

14Dec12: Tombstone Dec 2012 Council Meeting, Item H: Termination of the temporary forces assigned to the repairs. deferred until Jan 2013 Council Meeting.
Mayor Schmidt retains his seat, etc.
09Nov2012: Mayor Addresses Numerous Issues Regarding Tombstone's Future is an
eye opener about the City's Plan to use Rural Development $ on the Huachuca Pipeline
This and our Lawyer's Letter to Rural Development are must reads.
26Oct2012 Mayor Schmidt Addresses Tombstone’s Water Issues
shows how bad their water system is. Is also a must read.
September 2012 Regular Council Meeting
City’s Finance Manager Says City Is $531,000.00 in the Red
Mayor Attempts to Resolve Financial Crisis
shows that Tombstone is close to Bankruptcy.

This Tombstone News Unsigned Letter to the Editor really clears up a lot of things.

Herb Linn's letter #1 to Tombstone News Editor states:

"Now, as for this wonderful individual that some of the council wants to become public works director, why can’t he complete the state paper work for the springs, why was the job at the springs completed as of April 6th, but he and all the other people that were hired under the emergency act still on the public dole???"

"I have been told that the crew has been done at the springs since April 6th, but still the City must bear the burden of their wages because of litigation. It seems the City is stuck in this situation due to the potential of the Crew as eyewitnesses for our lawsuit against the Forestry Service."

Herb Linn's letter #2 to Tombstone News Editor has some more comments, Great one on the shovel Brigade.

Round and Round we go Randy Davis on Herb Lynn and Richard Fenton on Davis

Another Tombstone News letter: This one from Mayor Stephen Schmidt shows Tombstone Budget up a THIRD, and again states:

"There is really only one thing to be said about the Temporary Full Time Crew at the springs, and that is litigation. All the Lawyers say that to lay them off would be detrimental to the City’s lawsuit against the Forestry Service. Even though I do not feel pushing wheelbarrows around in a canyon is very productive. I have been told that the crew has been done at the springs since April 6th, but still the City must bear the burden of their wages because of litigation. It seems the City is stuck in this situation due to the potential of the Crew as eyewitnesses for our lawsuit against the Forestry Service."

"Public works has no direction at all and those that work in Public Works are doing a great job getting by with the limited supervision they have had for the last month and a half. There are some on the Council that would try to push me down a road I will not go. For this reason I will put Phil Korte on the agenda again. I do not believe Public Works needs a paper pusher. Everyone I have talked to in Public Works is highly in favor of Phil Korte. They have even approached me to ask if the City Employees could put the Public Works Director to a vote by them. If Public Works gets any worse it will cause a state of emergency for the City."

http://theepitaph.com/index.php also has an article on the New Mayor having trouble appointing a Public Work Director.

Tombstone News article: If Public Works Gets Any Worse It Will Cause A State Of Emergency shows Tombstone Budget up a THIRD.

Could one say that the Goldwater Institute is holding COT hostage to the tune of 1/2 million.

How the Recalled Tombstone Mayor met the Huachuca Water Project Manager Gets one Thinking! Read on.

The No Action Taken by Council on Huachuca Mountain Springs Temporary Work Force, DRUG
Testing comments from the April 2012 Board of Police Commissioners Meeting
and Justin Henderson's Court Problems raises a lot of questions about the Project Manager and his Safety Officer using Justin, but also clear some up, when you consider this is Tombstone Politics.

Justin was the main Tombstone Huachuca Equipment Operator until the last week of work that ended 01Mar12.

Tombstone News 18May12 article Safety Director Causes Loss of Prisoner Work Force states that COT
now has a Temp. Public Work Director and that the Safety Officer for the Huachucas was the cause of
the Loss of Prisoner Work Force.


The 2 day event was a failure. On FRI-08 June less than 50 people went up canyon: including press, EMTs etc.
SAT-09 was Family Day with 35: that included a group of 20 with 4 kids/9 women. Another of 8 were 4M/4F.

However the City Manager's Letter to the Tombstone News spins a different story.

In case you didn't see the work permit request go to http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5372868.pdf

Other related 1000 Shovel Brigade articles are:


This http://www.svherald.com/content/news/2012/06/07/268608 show the equipment allowed.


Mayor's Cool clear water comments

Tombstone Shovel Brigade Goals gives the days: 8/9 June and Sites when Tombstone hopes to bring
1000 people with shovels into the Huachucas.


The 10May12 CNN Article Showdown at the H2O Corral is a very biased article. The writer had an
appointment for an interview with me, but was late because Kevin Rudd/COT had driven her onto our property, parked and went up Canyon. I told her/TV crew that they were Trespassing, she said she had
a right to be there and i replied NO interview and get HELL out.

The following 11May12 Video http://goldwaterinstitute.org/blog/video-new-showdown-tombstone
is so untrue it will make you Sick. The result of the http://www.crewwestinc.com/ visit early May.

Using the Charity Navigator Website for the Goldwater Institute it shows for FYI 2010 that the woman
in the above video and another employee take 16.32% of expenses as their $272,199/$300,189 salaries.
If makes you wonder.

However the SVherald would not lift the Premium Lock on their 15Apr12 article
Legal puzzle governs issues between feds, Tombstone so it was sent to me by Robin Silver
(Center of Biological Diversity). Lots of Tombstone BS, but Tom Jr's statements are accurate.

The GOLDWATER INSTITUTE is helping Tombstone with the lawsuit and has sent us a letter asking us
to work together and forget any missteps on the City's part. DUH.

Some of these so called missteps are:

  1. Not Respecting our Property Rights.
  2. Eminent Domain Abuse when they stated they owned part of our Property.
  3. Stating that we are stealing Tombstone Water and Tapping into their Pipeline.
  4. Accused Us of Vandalism/Harassment and called the Sheriff twice.
  5. Took Flat Rocks from our Property that I was saving for use. Should have filed a complaint.
  6. Taking the door off of our Marshall Springs site, because they think they own that too. This act filled
    our Waterline with Sand. Should have filed a complaint. They tried to say this was one of theirs, not
    True. Their Marshall Springs are West 3000 feet. The USFS, I heard set them straight.
  7. Taking 3 months to repair the Pipeline on our Property and therefore keeping Us from Rehabbing it
    and also getting to the South 5 acres.
  8. Taking out Apple Trees that they did not need to. This will mean a loss of up to $5000/yr.
  9. Leaving Equipment on our Property.
  10. Leaving Gates open and Damaging them.
  11. Smoking on our Property and carrying a Gun.
  12. Hinting that they may file a lawsuit against us.
  13. Threating to take Us to Court if We don't let them have access to the Wilderness during the Emergency.
  14. Still driving in after the Emergency and parking, when they should have walked. At the least Most likely an
    Act of Trespassing for any outsiders that they have with them.
  15. Not rehabbing the illegal Wilderness Road per USFS spec., Result will cause lots of erosion on our
  16. Last but not Least. Tombstone's Lawyer Stating "that the Beatty's should not have any concern for
    environmental issues on other property."

We hired a Law Firm that advised us on some of the above at a cost of over $3700.

Taking the above in consideration, maybe the Goldwater Institute should be on our side against Tombstone?

Read the Feb-17 Goldwater Institute Article and the Mar-05 update to see who is working the case and to
click on links therein. Just remember the writer is using the usual Tombstone outdated BS.

Here are 3 spin articles on the $ that the USFS plans to charge the Goldwater Institute for FOI:
1. Forest Service Demands $80,000 to Turn Over Public Records to Non-profit
2. http://www.thenewamerican.com/usnews/constitution/item/11228-federal-government-is-keeping-tombstone-arizona-from-accessing-drinking-water
Just the same BS as earlier articles with the $ Updates. Tom Sr.


The tearing up of Ground/Trees with Heavy Machinery leaves no roots for re-growth. This is one
reason why a pair Spotted Owls are now being seen a mile further up canyon. No good cover.

However by mid April when the Spring leaves came out a third Spotted Owl moved in about 1/3 mile West of our property.

The Tombstone Epitaph article: government pipeline repairs spout controversy over construction Is very
poorly written, makes one think herds of animals are going North. They are still trying to get grants as
of 08Mar12. The reference outside the Wilderness, I'm sure is Clark's Spring.

03Dec11 SV Herald. Light reading shows a little of the troubles with Tombstone.

06Dec11. SV Herald. States our concerns about Tombstone work in the Miller Peak Wilderness affecting Wildlife
and Future Floods etc. Much more informative than 03Dec11.

SV Herald 14May12 article: affects on wildlife

25Jan13: Sometime in January the biggest Sycamore Tree in the Tombstone Intake Area fell over. The reason
was Tombstone cut most of its' roots during construction for the Miller Springs Dike. The below photo by
Tom Jr shows the fallen Sycamore.

One can see it standing in the below Photos.

A Negative: Before/After Photos of the Wilderness Miller Spring Area taken by Bob Herrmann.

Left side photos are before the Fire/Floods and the right side are after Tombstone Work/fire/floods.
The Photos show the Plunging Pool has been removed and replaced by a rock dam that will wash
out in the next flood. The Rocks that formed the Plunging Pool were removed and placed in a Dike
to protect a now covered water source that leaves no water for wildlife.

This Death Trap for Wildlife is out of place in a Wilderness Area and should not have been done.

Bob Herrmann's Photos at the BENSON/I10-SR90 JUNCTION to Sierra Vista/Huachuca Mountains.

The Spotted Owl is sitting on the Tombstone Pipeline near Gardner Springs above our property
in Miller Canyon. It is one of the two 2011 fledglings that many birders enjoyed. This Photo was
used by the Federal Government in the TOMBSTONE vs USDA/USFS Lawsuit.

03Dec11 SVHerald: Light reading shows a little of the troubles with Tombstone.

06Dec11 SVHerald: States our concerns about Tombstone work in the Miller Peak Wilderness.affecting Wildlife
and Future Floods etc. Much more informative than 03Dec11.

This grab for more Huachuca Mountain Spring Locations, up to 57 USFS Locations of 5 acres each,
is really a big environment issue. I'm sure it will go to the courts. They have told the SV Herald Editor
that the COT may sue the USFS. Also Us because they say we are stealing water from them. They also
think they own part of our property because 1 of the 57 locations is nearby. The USFS and the County
Assessor say they own NO property in the Huachucas. Our deeded property has been on the Tax Rolls
for over 100 years. There is no deeded records for the COT 57 Huachuca locations.

For awhile I could not let anyone through the property to look for the Spotted Owl, because the COT
posted a sign just West of our property in the Miller Peak Wilderness Area (MPWA) stating "Behind
this sign is City of Tombstone Property. No Trespassing, Violators will be prosecuted." One reason
for the sign I heard is that the COT did not want anyone up at their MPWA Miller Springs work site.
For some reason the COT engineer thought this was the only way one could go up Canyon. DA.

The USFS had them take down the sign (Major Violation) and stopped their work for many reasons:
Tearing down Huge Trees, Spotted Owl roosts, Working Without Permission etc.

"The Town to Tough to Die" should in this modern age be "The Town to Try" being GREEN instead
of sticking to the old ways.

Their Springs in Miller are in the Miller Peak Wilderness Area (MPWA) and are flood prone. Any
MPWA repairs done now will not last for at least 3-5 years. According to the COT City Manager it
took 4 years after the 1977 fire to get the Huachuca pipeline back in working order and the present
flooding is much worse.

The $50K in the Governor's Grant is just a waste, unless used to drill a well. They should
"get out of the MPWA" and leave the water therein. Putting the MPWA part of the water system
back into working order and fix the leaks will require lots of work and money. NO machinery should
be allowed in the MPWA (too late). This will really harm the Miller Canyon environment that is world
famous for Spotted Owls and other birds.

In the past when Tombstone shut off the MPWA water, the creek WOULD start flowing again down
below, so one can see the direct affect on wildlife. The MPWA does not mean a thing to them.


Monument Nightmare Photo by Bob Parks. Taken South of Miller Canyon on Wickersham Road in the Vista Grande Subdivision.

Below are questions that people have asked me. For GENERAL INFO just Google "Monument Fire".


1. We lost most of our 1300 TREE Apple Orchard to Fire, a few to Floods and Tombstone took out several.

2. Our Marshall Springs Water System Pipeline etc. had to be replaced at over a $10,000 cost.

3. 5000 gallon Water tank was burnt up.

4. Several Cords of Firewood were burnt up.

5. Misc. Items: like Tools, Fire Protection Hoses, Bridges were burnt.

6. Lost Garden Plants, but replanted some items.

In all our Insurance Company paid us around $23,000 for the above; and Lost of Income, Smoke Damage and
Fire Cleanup Cost.


Drug Runners started a Fire at the border to divert USBP Agents. At First the Higher Ups in the USBP and
Homeland Security said NO, but US Senator John McCain set them straight.


Six days, one day for each of the 6 miles we are from the border.


YES: For Tom SR/JR, but NO for Edith. She went with the "When the going gets Tough, the Tough get going"
USFS personnel.


YES: We saved the 1911 Cabin A, several Apple Trees, Power Pole and may have saved other buildings.


NOT REALLY: Too busy to think about that.


Mostly YES. However I have some questions of my own.


Lost most of our ponds, camping and some of our gardens. We will be living with the floods for years.

11Jul11 SV Herald article: Tells about our experience with the first flood but it is not all there.

Click on BAER 5 gates placement to see where the gates have been placed. There are two
in Carr Canyon. The USFS will close the gates when the areas behind them become unsafe.

For example in Carr Canyon the upper gate was closed after the fire/floods and reopened 15APR12.

All other Canyons are open. Miller Canyon Road at present, 12 Dec 2011, is in great shape. It is best
to have a High Clearance Vehicle since the road can go bad if it rains. Call us at 520-378-2728 to check.

Only click on the following if you have high speed internet service and ADOBE Software installed
It will take a minute or two to load the 4.75 MB pdf that has many photos etc.

Ann Youbery's Observations of Post Monument Fire Flows at Beattys Guest Ranch, Miller Canyon,
Coronado National Forest, July 11, 2011

The following photos were taken from a DPS Helicopter that came up right after the 11 July rain
because the Sheriff Dept could not reach us by phone.

Helicopter coming in from the East

Beatty Gulch flow: Units B/C, Store, our house/red Kia

Beatty Gulch flow: West Garden, North 5 acres.

Directly overhead of our House. Note sand filled Pond.

Marshall Canyon flow: Green Cabin A

Overhead View of Cabin A and Marshall Canyon to left

Landed Helicopter View of Unit B/C from West Garden

Takeoff View: Unit B/C, Store and former Beatty Pond

Westside of our House, note JR by 3 white dog houses

Eastside of Property, no pond

End of Pavement on Miller Canyon Road

End of pavement again, more to the East

Horse corral, Miller Creek and Road, looking South

Miller Creek, flooded houses

Miller Canyon Subdivision

Flow North of Miller, West of SR 92.

Carr Bridge Flow at SR 92/Mesquite Tree

Black Joe/Carr Creek Junction Overflow, South of Carr Creek

Leonard Taylor, Author of Trails of the Huachucas has done before and after
comparisons for the Monument Fire/Floods. Take a look at the contrasts.

1. Photos from the hang glider jump on Labor Day 2010, and again on Labor Day 2012.

2. Erosion Photos of City of Tombstone work in the Miller Peak Wilderness and checkout
his Trails of the Huachucas; Miller Canyon Trail page where Photos were taken.

His photo collection for the Miller Dam Site show how the Miller Spring's Area looked around 1900.
Because of the Dam, there were no big trees like the ones Tombstone took down over 110 years later.

3. Comparison Photos of flooding/Fire in Lutz Canyon.

Went to the engine in Lutz on January 21st, the canyon is very sad. Aside from the burnt trees, the first victim encountered is the retaining wall for the old bridge abutment; the down-hill side is largely gone, the upper side has some damage. The crossing there is cut down a good six feet, and sixty feet wide.

The trail is very rocky, some areas with deepening gullies. Where side drainages cross, major damage can be seen, as they have turned into boulder-choked gulches. The trail actually has cairns in several places now to mark the way, as it is easy to get confused as to what is trail and what is a debris (boulder) flow.

The old road switchbacks have suffered greatly, with several channels cut through them. There used to be impressive retaining walls at some spots, now also missing. As you approach the first tunnel, there were several huge spruce trees (100' plus), now all dead and burned. First glimpse of the engine is sad, as it is now mostly black, instead of green. Oh well...


For comparison Photos of the Miller Springs Area go to AFFECTS ON WILDLIFE etc

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